Types of estates: 1. Freehold estate – indicates title of ownership a. Fee simple -absolute title; conferred without limitation, qualification or restriction b. Fee tail – pass title to grantee & his heirs c. Life state – held for duration of life of grantee 2. Less than freehold estate – […]
Legal Questions
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GENERAL RULE: All parties with capacity to contract can enter into a valid contract of sale. 1. Natural 2. Juridical – corporation/partnership/associations/Cooperatives Status of contract valid Remedies available therefor are: specific performance rescission damages EXCEPTION TO GENERAL RULE: 1. Minors status of contract: voidable only, therefore can be ratified **Justice […]
DISTINGUISHED FROM OTHER CONTRACTS: 1. Donation donation is gratuitous; sale is onerous donation is formal contract; sale is consensual donation is governed by law on donation; sale is governed by law on sales. 2. Barter in barter, the consideration is the giving of a thing; in sale, it is giving […]
Deed: instrument in writing by which any real estate or interest therein is created, alienated, mortgaged or assigned or by which title to any real estate may be affected in law or equity. It must specify the following: 1. Grantor 2. Grantee 3. Words of grant 4. Description of Property […]
1. negotiation – bargaining period 2. perfection – by mere consent; performance may be demanded ( specific performance ) 3. consummation – consists of the delivery of the thing, constructive or actual.
Land Title : evidence of the owner’s right or extent of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of property
Purpose of Reconstitution (Land Titles and Deeds) The whole theory of reconstitution is to reproduce or replace records lost or destroyed so that said records may be complete and court proceedings may continue from the point or stage where said proceedings stopped due to the loss of the records. The […]
CHARACTERISTICS OF CONTRACT OF SALE: 1. Consensual – contract is by mere consent. There is meeting of minds. 2. Bilateral Reciprocal – both parties are bound by obligations. 3. Onerous – Valuable considerations must be given in order to acquire rights. 4. Commutative – Values exchanged are almost equivalent to […]
A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. Who may file a complaint? The complaint may be filed by the offended party, any peace officer, […]
The complaint or information should be in writing so that the court has a basis for its decision, to inform the accused of the nature and cause of the accusation to allow him to present his defense, and so that nobody will forget the charge, given the fallibility of human […]
Criminal actions must be commenced in the name of the People because just as a crime is an outrage against the peace and security of the people at large, so must its vindication be in the name of the People. However, it the action is instituted in the name of […]
The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.
CONTRACT OF SALE: One of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain money or its equivalent. A contract of sale may be absolute or conditional.
WHO ARE PROTECTED Equal protection is available to all persons, natural as well as juridical. Artificial persons, however, are entitled to the protection only insofar as their property is concerned. By constitutional reservation, certain rights are enjoyable only by citizens, such as the rights to vote, hold public office, exploit […]
EQUAL PROTECTION Equal protection simply requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. Similar subjects, in other words, should not be treated differently, so as to give undue favor to some and unjustly discriminate against others. Substantive equality […]
Administrative Due Process Includes (a) the right to notice, be it actual or constructive, of the institution of the proceedings that may affect a person’s legal right; (b) reasonable opportunity to appear and defend his rights and to introduce witnesses and relevant evidence in his favor; (c) a tribunal so […]